Terms of Membership – イチヨンプラス / 帽子通販

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Terms of Membership

PORTSTYLE, inc. ("Company" hereinafter) hereby establishes the following ICHIYON PLUS Online Store Terms of Membership ("Terms" hereinafter) regarding use of the Internet shopping site operated by the Company ("Site" hereinafter; services provided by the Company through the Site are referred to as "Services" hereinafter). Any individual agreements established separately from these Terms shall constitute portions of these Terms. Users must consent to all of these terms in order to use the Site. In the event of any conflict between these Terms and an individual agreement, the individual agreement shall prevail, while both these Terms and the individual agreement shall apply simultaneously to other matters. The provisions of the Terms of Use shall apply to any matters not provided for in these Terms and the individual agreements.

Article 1. Definitions

"Products" refer in general to products, rights, and services. Products include digital products.

"The Site etc." refers in general to the Site and the Services. The Site includes the Company's mobile site and mobile app.

"Member" refers in general to a member who has consented to these Terms and whose signup as a Member has been approved by the Company through the methods and procedures specified by the Company to apply for and purchase Products introduced or sold by the Company on the Site (hereinafter, this includes subscription services based on prior registration and conclusion of other agreements on service provision).

"Member Signup" refers to the registration by a Member of information specified by the Company, such as his or her name, address, telephone no., and email address, to purchase Products on the Site. A Member who has completed Member Signup may subsequently purchase Products by entering his or her registered email address or other information.

A "Partner Company" refers to a business partner with which the Company has concluded an agreement on provision of the Services.

A "Shipper" refers to a company or individual producing Products for sale to the Company, included among the Company and its partners.

Article 2. Member eligibility

Through completing Member Signup on the Site, a Member may purchase Products and use other Services provided by the Company to Members, pursuant to the ICHIYON PLUS Online Store Terms of Use ("Terms of Use" hereinafter), these Terms, and individual agreements.

A Member may not lend, transfer, sell, sublease, pledge as security, or otherwise dispose, in any form, of his or her qualification as a Member or rights obtained through use of the Services.

If it has determined that a Member who has completed Member Signup meets any of the descriptions enumerated below, then the Company may suspend the Member's use of the Site or suspend or delete his or her qualifications as a Member or use of the Member Signup feature:

When the Member does not actually exist

When the Member's qualifications were under suspension at the time of registration, or they were cancelled in the past for causes such as violation of Company provisions

When the information provided in registration includes misstatements, errors, or omissions

When the Member has neglected to pay the Company

When the Member has caused impediments to the business execution or technologies of the Company or a Partner Company

When the Member has acted in ways that obstruct or impede use of the Site by other Members

When a minor has signed up without the consent of his or her parent or guardian

Other cases judged inappropriate by the Company

Article 3. Sale agreement

An agreement shall take effect between the Member and the Company when the Company has accepted a request from a Member to make a purchase, through the method specified by the Company.

After submitting a request to purchase a Product, a Member may revise or cancel such request within the cancellation period specified by the Company. Orders for some Products as indicated specifically on their Product pages may not be cancelled.

The Member must pay the price of the Product through the method, and within the period, specified by the Company.

A Member may not transfer, pledge as security, or otherwise dispose to any third party of his or her rights under a sale agreement with the Company.

If a Member has failed to pay the price of the Product within the period specified by the Company, then the Company may, after sending a notice of release to the contact email address of which the Member has notified the Company, release the sale agreement.

In any of the cases enumerated below, the Company may, after sending a notice of release to the contact email address of which the Member has notified the Company, cancel the sale agreement in whole or in part, even if it previously had accepted the sale agreement:

If the Member is a minor

If the Member resides outside of Japan or has specified delivery to a foreign destination

If the Member has violated these Terms or other provisions of the Company in the past

If the information of which the Member notified the Company at the time of application was dishonest, in error, or incomplete

If the Member has neglected to pay the Company

If, as a result of a credit check by the Company upon purchase of a Product, the Company has asked the Member to use a different payment method for the Product purchased but the Member is unable to change the payment method

If the Member has acted in ways that cause inconvenience or disadvantages to the Company, other Members, or other third parties

If the Member has repeatedly returned products or refused to accept delivery without good reason

If the Product cannot be secured due to lack of inventory at the Shipper, a delay in or suspension of product introduction, or other reasons

Other cases judged inappropriate by the Company

Article 4. Indication of Product prices

Although the Company makes every effort to ensure that the information on Product pages are accurate, if it determines that there is a clear error in Product prices or other sales conditions shown on the Site then the Company may adjust the prices as described below.

If the actual price is lower than the price shown on the Product page, promptly notifying the Member of that fact and billing him or her for the actual price.

If the actual price is higher than the price shown on the Product page, and this fact has been identified prior to shipment of the Product, promptly notifying the Member of that fact and reconfirming whether or not he or she intends to purchase the Product after verifying the correct price. If the fact that the actual price is higher than the price shown has been identified after shipment of the Product, promptly notifying the Member of that fact and handling the difference in amounts by discounting it from the amount planned for billing. If the price of the Product already has been paid and the Member has no intention of making payment to the Company after the error has been identified, promptly notifying the Member of that fact and handling the difference in amounts through means such as issuing coupons, processing a refund, or through other services.

Notwithstanding the provisions of the two preceding paragraphs, in the event of a marked error in Product prices or other sales conditions, the Company may, at its discretion, cancel the sales agreement in whole or in part.

Article 5. Product delivery

Some Products and other shipments ("shipments" hereinafter) may not be deliverable to certain areas.

Except as specified otherwise by the Company on Product pages or elsewhere, the Company will not conduct tasks such as installation, unpacking, or collection of packing materials upon delivery of Products.

Members may not change the destinations of Product delivery except by notifying the Company thereof through the Company's specified methods.

With the exception of some areas, Company Products are delivered to Members under the responsibility of the delivery service with which the Company has contracted. The provisions specified by the delivery service shall apply to matters related to delivery.

The inventory information and delivery times indicated on Product pages and elsewhere on the site for some Products such as seasonal items are estimates and are not guaranteed. Members shall acknowledge that actual inventory information and delivery times may vary due to factors such as the timing of orders, the timing of updating Site content, inventory conditions, and the conditions of Shippers or shipping companies.

Article 6. Cancellation

Members shall acknowledge that the Company may, at its discretion, cancel orders for Products ordered by Members that have been affected by natural disasters or other incidents rendering their delivery impossible.

Article 7. Bearing of delivery charges etc.

Except where it is stated by the Company on the Product page that the Company bears such costs, delivery charges etc. for Products etc. shall be borne by the Member. In addition, when the Member has ordered specifying the payment method of COD, the Member shall bear any associated COD charges (including COD cancellation charges).

Article 8. Product exchange etc.

In any of the cases enumerated below, the Member may request that the Company exchange the Product for an identical Product, exchange it for a similar Product (including Products from different origins or of different types) if exchange for an identical Product is not possible, or accept return of the Product if exchange is not possible ("Product exchange etc." hereinafter). In addition, the Company shall bear any charges incurred in shipping the Product to the Company by the Member in such Product exchange etc. ("shipping charges" hereinafter). However, Product exchange etc. as described in Paragraph 2 and Paragraph 3 shall be permitted only when the Product is unused and the Member has requested, and the Company has accepted such request for, such Product exchange etc. within eight days after the delivery of the Product, and Product exchange etc. of perishable Products such as fresh foods or daily food items as described in Paragraph 1 shall be permitted only when the Product is unused and the Member has requested, and the Company has accepted such request for, such Product exchange etc. within eight days after the delivery of the Product.

When the Product is defective

When the Product has been deformed, damaged, or soiled due to an incident during shipping

When a Product was delivered that differs from that ordered by the Member, due to a fault on the part of the Company (not including cases in which the Products ordered differ from Members' subjective intents or expectations).

If a Member wishes to return a Product for his or her own reasons in a case other than those enumerated in the preceding paragraph, then he or she may do so by requesting such return within eight days after the delivery of the Product. The Member shall bear any shipping charges on return of the Product in such a case. Such returns will be accepted only when the Products are unused.

When the Company has accepted a Product return, it shall refund to the Member, through the Company's own specified method and within a period of time specified by the Company, the price of the Product. If the Company has borne shipping charges temporarily on a return as described in the preceding paragraph, it shall refund to the Member the price of the Product minus such shipping charges, and if the Member has not yet paid the price of the Product, then the Company shall bill the Member for such shipping charges separately.

The Company shall not be liable for deterioration of Product quality arising due to holding a Product by a delivery service for a lengthy period of time for the Member's own reasons.

Article 9. Password management

Members are responsible for managing the passwords issued to them by the Company after Member Signup.

Members may not permit third parties to use the rights to services conditional on entry of passwords or other personal information or on authentication of identity (including Member Signup; referred to collectively as "Member Signup" hereinafter) or share these with, or transfer, sell, or pledge them as security to, any third parties.

The Company shall hold the Member responsible for any use or acts involving the Site etc. for which the Member's identity has been authenticated, regardless of whether or not the Member him or herself actually committed such use or act.

If a Member's password has been learned by a third party, or he or she suspects that a third party is using his or her password or other information, the Member shall promptly notify the Company of such fact and follow the Company's instructions, if any.

If the Company has determined that there are no signs that a registered password has been used to use the Site etc., changed, or otherwise used for a certain period of time, then it may, at its discretion, suspend use of the Member's password and Member Signup ("password etc." hereinafter) or delete the password etc. without the Member's consent. The Company shall not be liable for any damage suffered by the Member as a result of being unable to use his or her password etc. in such a case.

A Member shall be liable to the Company or its Partner Companies for any damage suffered by them as a result of improper use of the Member's password etc.

Article 10. Notifications

A Member must notify the Company promptly, using the Company's designated form, of any change in information of which he or she has notified the Company.

The Company shall notify Members of necessary information through posting it to the Site, sending it by email, or other means that it deems appropriate.

Notifications from the Company shall be deemed to have been received by the Member at the time they normally would arrive after being sent to the Member's contact information as registered with the Company. The Company shall not be liable for any damage suffered as a result of failure to update such registered information.

Article 11. Provision of information

The Member acknowledges that all content, including the Website and emails, may include advertisements or banners. The Member also acknowledges that the Company may provide product information and other information by email, fax, direct mail, or other means.

Article 12. Handling of personal information

The Company will use Members' personal information for the following purposes:

Sale of Products, rights, services, etc. of the Company and third parties

Shipment and delivery of Products

Billing and calculation of charges

Review of use

Management of Member information

To send email newsletters

Advertising and promotion for Products etc. of the Company and third parties (including sending emails and sending flyers and other direct mail)

To provide notification of other matters as necessary for operations

To manage seminars and events

To conduct promotional campaigns, provide notice of prizes won, send prizes, etc.

Conducting surveys

To provide loyalty rewards and affiliate services

To support products, services, etc., and respond to inquiries etc.

For marketing activities including personal sales

For statistical analysis of marketing data

To develop or improve the Company's Products, services, etc.

To maintain computer systems or respond to problems with them

To simplify Member Signup and other proceedings when a Member who has registered personal information with the Company or a subsidiary uses another service provided by the Company or a subsidiary

To carry out operations involving the handling of personal information that have been entrusted by a Partner Company or other party

To exercise rights or perform obligations under contracts, laws or regulations, etc.

For purposes specified individually under other services provided by the Company

For purposes such as providing other communications, managing services, and sending related materials

The Company may use the following personal information, which can be used to identify specific individuals individually or in combinations of two or more, for the purposes of use described in the preceding paragraph: name, address, telephone no., gender, email address, date of birth, credit card information, bank account no., PayPal account information, purchase history, family structure, occupation, job title, qualifications held, annual income and other financial information, interests, preferences, ID, URLs of personal blogs, homepages, etc., IP address, information on homepages visited and other access logs, information on complaints, consultation, or inquiries, voice information, facial photographs and other images, and other information as needed to provide services.

The Company shall protect personal information properly in accordance with its Privacy Policy and shall not use Members' personal information beyond the extent reasonably necessary for achievement of the purposes of use disclosed when collecting the personal information. If there is a need to use personal information for other purposes, the Company shall notify the Member or other related party of such fact in advance. However, this shall not apply in the following cases.

When the Member concerned provides his or her consent to such use, or has consented in advance to such use

When needed urgently to protect the Member's life, health or safety, or property

When particularly necessary for purposes of improving the public health or promoting the sound raising of children, and it would be difficult to obtain the the Member's consent

When disclosure of such information has been demanded under laws, regulations, etc. or as part of legal proceedings such as a criminal investigation

When an inquiry based on reasonable grounds has been received from a public institution

When subcontracting all or part of operations conducted by the Company to a third party

When discussing such information to the successor during business succession due to a merger, sale of the business, or other reasons

As authorized under the Act on the Protection of Personal Information or other laws or regulations

The Company may employ cookies when Members use the Site.

Article 13. Prohibited acts

In using the Services, the Member must refrain from any acts that meet, or could meet, any of the descriptions enumerated below.

Acts impeding operation of the Site etc. and the Company

The acts enumerated under "Article 7. Prohibited Acts" of the Terms of Use, and other acts in violation of these Terms or other provisions stipulated by the Company

Others acts judged by the Company to be inappropriate

If the Company has suffered any damage as a result of an act enumerated in the preceding paragraph (including the amounts of labor costs of personnel involved in responding to such act and other costs incurred), it may demand from the Member compensation for the damages suffered by the Company.

Article 14. Intellectual property rights

All intellectual property rights to content provide through the Site or other websites operated by the Company are the property of the Company or third party licensors. License to use the Services based on registration as stipulated in these Terms shall not constitute a license to use the intellectual property rights related to the Company website or the Services.

Intellectual property rights to reviews, images, etc. posted by Members on the Site shall be the property of the Company. Members shall acknowledge that the Company has the right to duplicate and use such materials freely.

The Company may take legal measures immediately if it has discovered any acts in violation of domestic or foreign copyright law or other laws or regulations, including unauthorized duplication, reuse, or other secondary use of the content of the Site or other websites operated by the Company, for any purpose. If the Company has suffered any damage as a result of such an act, the violator must compensate it for such damage.

Article 15. Suspension and cancellation of Membership

In any of the cases enumerated below, the Company may, without any prior notice or warning to the Member or obtaining the Member's consent, suspend the Member's use of the Site etc. temporarily, change the Member's password etc., or temporarily suspend or cancel the Member's qualification as a Member, with no obligation to disclose the reason for taking such measures.

When he or she has used, or permitted others to use, Member Signup information (including passwords) or the Site etc. improperly

When he or she has neglected to pay the Company When he or she is judged to have misstated information entered during Member Signup

When, as a result of a credit check by the Company upon purchase of a Product, the Company has instructed the Member to use a specific payment method to pay for the Product but the Member has refused to do so

When the Member has been subject to a filing, or has filed him or herself, for seizure, provisional seizure, provisional disposition, compulsory enforcement, bankruptcy, or civil rehabilitation

When he or she has entered an incorrect password more than the number of times permitted by the Company When he or she has used information provided through the Site etc. improperly

When he or she has failed to use the Site etc. for a period specified by the Company When the Company has judged the Member to pose a risk of causing damage to the Company, a Partner Company, or another third party

When he or she has committed any of the prohibited acts stipulated in Article 13

When the Member has violated any of the provisions of these Terms, an individual agreement, or other provisions stipulated by the Company

When the Company has judged his or her use of the Site etc. to be improper

Other cases when he or she has been judged inappropriate by the Company to be inappropriate as a Member

The Company shall not be liable for any damage suffered by a Member as a result of the Company having taken the measures described in the preceding paragraph when the Member meets any of the descriptions enumerated therein. In addition, the Company shall not provide any compensation to the Member or be subject to any responsibilities or rights with regard to such measures.

Established: April 1, 2005

Some of the provisions above were amended April 1, 2020.